9 8 
THE NATIONAL NURSERYMAN 
The decision of the Court in substance is—that Section i 
is valid so far as relates to the filing of Certificate of Inspec¬ 
tion, and the requirement of a Permit do do business, but 
that the requirements of a bond, and references as to responsi¬ 
bility and integrity are invalid, and as to Section 2, that the 
last paragraph which provides that every agent represent¬ 
ing a nursery located in another state shall be required to 
carry a duplicate of the Permit issued to his principal is 
invalid, because a discrimination is made against the 
citizens of other states and in favor of the citizens of South 
Dakota, but the first paragraph of Section 2 is not covered 
by the decision. 
Section 3 is not covered by the decision. 
Section 4 is not covered by the decision. 
Section 5 is declared valid so far as it relates to the 
license fee of ten dollars ($10.00) for the principal, but under 
the decision as relating to Section 2, the requirement of a 
fee for the agent’s duplicate permit is invalid. 
As the case stands now, the State of South Dakota wins 
the suit, for the reason that the application of the prisoner 
for discharge was denied, consequently the State of South 
Dakota cannot appeal the case. The decision in the main 
is in favor of the nurserymen, and it is the judgment of our 
counsel that we should not appeal the case. The main 
point not covered by the decision is the requirement of 
Section 2 that each agent shall carry a certificate from the 
principal (to which alone probably no one would object) 
and that the principal shall be bound by the acts of the 
agent unless he notifies the customer within thirty days 
from the making of the contract. The latter is a bad 
provision, but could not be reached on an appeal in the 
present case, and could only be taken up through a new 
case, after some agent or principal had violated that 
section of the law. 
Our counsel however, feels that this section is so plainly 
unconstitutional as interfering with the right of contract, 
that no attempt is likely to be made toward its enforcement 
and advises that we file entomologist’s certificate, tender 
the license fee of ten dollars ($10.00) and demand a Permit, 
and do our business as we do it elsewhere, paying no atten¬ 
tion to the other sections of the law, except to give our 
agents such certificate of appointment as many of us do in 
the ordinary course of business. 
Yours truly, 
Wm. Pitman. 
AMERICAN NURSERY COMPANY. 
The American Nursery Company has acquired all the real estate, 
property, business and good will of the well-known F. & F. Nurseries 
Springfield, N. J., The Bloodgood Nurseries, Flushing, L. I., estab¬ 
lished 1790, Frederick W. Kelsey, New York City, and the New 
Jersey and Long Island Nurseries. These old established and suc¬ 
cessful concerns will hereafter be conducted as Branches of the 
Company under the same local management as heretofore. The 
Company with its extended Nurseries and complete assortments has 
now the largest facilities of any establishment in this country. 
With these advantages of economic production, of central location, 
and of unequalled facilities for distribution, and extended direct 
importations of Specimen Trees, Bay Trees, Boxwood, Trained 
Fruit Trees, etc., the Company is in position to furnish all varieties 
of fine hardy planting material in wholesale or retail quantities on 
the most favorable terms. Every requisite for the complete plant¬ 
ing and decoration of Country Estates, Parks, Municipal Street 
Planting, Forestry Departments, Orchards, Lawns and Gardens, is 
thus available. Every effort will be made to insure the patrons of 
the former establishments the advantages these enlarged facilities 
provide. With hundreds of acres of well grown stock now ready 
for planting, new customers may be assured of liberal treatment. 
Inspection is invited: Also consultations regarding planting 
sketches; or estimates for plans and planting complete. 
The officers of the Company are: Fred’k. W. Kelsey, president; 
William Flemer, vice-president and treasurer; Theodore Foulk, vice- 
president; P. H. Goodsell, secretary. 
AN INTERESTING TEST OF SPRAYING NOZZLES. 
Cornell University, 
Ithaca, N. Y. Feb. 21, ’08. 
Farmers’ Week has been observed here at the Department of 
Agriculture in their new magnificent buildings. Yesterday much 
time was devoted to the study of Spraying Outfits and their appli¬ 
ances. All of the leading manufacturers were represented. Prof. 
C. S. Wilson, Assistant Director, called for a test of the various Spray 
Nozzles, Prof. Riley, Director of Farm Mechanic, conducting same. 
The various makes of Nozzles, one at a time, were connected to a 
Power Sprayer, the pressure at 105 to 110 lbs. The operator would 
hold the Nozzle up where all could see it, making the quality of the 
spray visible to all; then the Nozzle was held over a pail which had 
been balanced on the scales. At the word of Mr. Riley, who held 
the watch, the pressure was turned onto the Nozzle; the timejfiven 
was one minute. The Nozzles tested were of the leading makes. 
The first one tested discharged 6 yi, lbs. It was a Gould “Mystery;’, 
Brown’s Nozzle next, 7 lbs.; Simplex next, lbs. The 
“Friend”, the only one marked “patented” which is the original of 
these large Nozzles, doing away with the cluster, came next, dis¬ 
charging 11J4 lbs. While this Nozzle handled nearly double the 
solution which the first one mentioned did, still the finest spray was 
noticeable. It was also noticed that it drove the fine spray farther 
with much more force. 
Much study and experimental work has been going on for years in 
order to obtain one Nozzle of sufficient capacity to do away entirely 
with the cluster. One pleasing noticeable feature about the 
“Friend,” was that there was no dripping or clogging. One of the 
other Nozzles drizzled badly. The last one tested was free from all 
sensitive, internal, movable parts, which are always subject to dis¬ 
location or becoming unmovable by corrosion. This carefully 
directed test indicates conclusively that the ’“Friend” came nearest 
to the requirement. It is manufactured by “The Friend” Mfg. Co., 
Gasport, N. Y. It sells for $1.55, postpaid. This Company is com¬ 
posed of young, live, clean blood, and is setting a lively pace for com¬ 
petitors in the manufacture of Spraying Outfits and their accesso¬ 
ries. 
Augusta, Ga., Jan. 15th, 1908. 
Editor National Nurseryman: 
We are up to our necks with work, have had all manner of 
vexatious delays. First, we were without rain in the early fall, and 
the ground got as hard as cement; in early November it started to 
rain and it is still at it. In addition to these two drawbacks we have 
been very short of labor. The negroes are becoming more worthless 
every day. As soon as they get a little money ahead they positively 
refuse to work. Now we are getting independent of the negro, a 
month since we got a bunch of Austrians,- they are taking kindly to 
the nursery work and are giving us most satisfactory results. The 
entire gang in the past four weeks have not lost a single day from 
work. They report promptly at roll-call and are ready for work 
immediately as soon as the roll is called. 
In February, we will get another gang of these Austrians and we 
hope hereafter to have no more shortage of help. Every nursery in 
the South, so far as we can learn have had troubles similar to ours 
this year. 
Noth withstanding the stringency of the money market the out¬ 
look for spring business with us is very encouraging. 
From some sections of the country which suffered from the money 
market we have received a few countermands. 
The demand for landscape work in the South is largely on the 
increase and we are having all the work in that line which we can 
now handle. 
With kindest regards and best wishes, we are, 
Yours very truly, 
P. J. Berckmans Co. 
